Limited Liability Company Law

JGPC attorneys and paralegals have helped clients form hundreds of limited liability companies (LLCs) and family limited liability companies (FLLCs).

Before the formation of a limited liability company, we assist our clients with pre-formation planning, business plan review, tax planning, choice of entity analysis, intellectual property protection, entity formation, creation of a capital structure, equipment financing and leasing, raising capital, federal and state securities compliance, executive compensation structuring, buy-sell agreements, member agreements and service and purchase contracts.

We provide services covering all areas of LLC planning and formation, including:

Limited Liability Company and Family Limited Liability Company Formation services include:

  • Review & analysis of business plans
  • Review & analysis of financial models
  • Introduction to sources of funding
  • Introduction to service providers
  • Franchise circular review and analysis in franchise law situations
  • Assisting the client with compliance with federal and state security laws
  • Assisting with private offering memorandum & subscription agreements
  • Helping the client preserve Reg D and other private offering exemptions

Pre-formation intellectual property protection services include:

  • Preparation and filing of patent applications
  • Use of non-disclosure agreements (NDAs)
  • Trademark, trade name & copyright protection
  • Pre-formation IP assignment & protection
  • Patent & other IP licensing arrangements
  • Post-formation trade secret and IP protection
  • Dealing with non-compete and trade secret protection issues
  • Assignment and protection of intellectual property

Limited Liability Company and Family Limited Liability Company services include:

  • Determining the appropriate state of formation of the LLC
  • Assisting in the choice of the LLC name and reservation of the name
  • Creation of articles of organization structured to fit the business plan
  • Hand delivery filing of properly drafted articles of organization
  • Obtaining EIN and state identification numbers if appropriate
  • Filing state forms as required, including securities forms
  • Creation of an appropriately structured operating agreement & organizational documents
  • Tax analysis to determine the best choice of tax status
  • Filing of documents to obtain “disregarded” or “S” status when chosen
  • Evaluating choices for capitalizing the company
  • Determining appropriate debt and equity options and ratios
  • Creating complex membership security structures when appropriate
  • Creating multiple classes of membership interests, warrants, options and convertible debt instruments where required
  • Drafting employment and independent contractor agreements when required
  • Drafting right of first refusal agreements when required
  • Drafting founder, manager and membership provisions and protections
  • Drafting intellectual property protection agreements when required
  • Issuing founders membership interests with appropriate restrictions & disclosures
  • Providing assistance and documents for opening bank accounts
  • Transfer of business assets to the LLC when transferring an existing business to an LLC

Post-formation services include:

  • Assisting with angel financing, strategic investment & venture capital financing
  • Drafting Equipment financing and joint development arrangements
  • Assisting with joint venture and strategic partner structuring
  • Drafting documents to provide “sweat equity membership interests” or restricted membership interest agreements for service providers
  • Drafting LLC buy-sell and related agreements
  • Creating executive compensation plans
  • Creating equity participation documents and plans
  • Drafting employment agreements & employee handbooks
  • Analysis of employee & independent contractor issues
  • Creating restricted membership interests, membership interest options and other equity plans
  • Assistance in qualifying the LLC in a sister state when required
  • Post-formation trade secret and IP protection

Limited Liability Company and Family Limited Liability Company maintenance and compliance services include:

  • Calendaring and providing reminders to the client for annual members & manager meetings or actions by written consent
  • Providing the client with assistance in complying with the state LLC filing requirements
  • Drafting annual or special meeting minutes or actions by written consent for members and managers when appropriate
  • Providing assistance in the preparation and filing of statements of information and other filings

For help involving corporation law and incorporation please contact:

Contact JGPC Law Today

JGPC Business & Corporate Law is a business law firm providing cost-effective, quality legal services to privately held businesses, corporations, limited liability companies (LLCs), general partnerships, joint ventures, limited liability partnerships (LLPs), limited partnerships (LP), trusts, business start ups, entrepreneurs, business owners, managers, executives, investors, buyers & sellers throughout the Tri-Valley and the East Bay Area, including Pleasanton, Dublin, Livermore, San Ramon, Danville, Walnut Creek, Castro Valley, Fremont, Tracy, Modesto, Manteca, Stockton and all of Alameda County and Contra Costa County. We are here to serve all of your business and corporate law needs.